| 81-37 |
| November 16, 1981 |
| REFERENCE: |
| 4021(b)(2) Plans Covered. Government Plans |
| OPINION: |
| This is in response to your request for a determination by the Pension Benefit Guaranty Corporation as to whether the |
| above plan (the "Plan") is excluded from coverage under Title IV of the Employee Retirement Income Security Act of 1974 |
| (the "Act") by Section 4021(b)(2) of the Act. We have concluded that the Plan is a governmental plan and thus is |
| excluded from coverage by that section. |
| As you have represented the facts, the * * * (the "Association") is an unincorporated association consisting "of the |
| commissioner, director, superintendent, or other official who by law is charged with the responsibility of supervising the |
| business of insurance within each state, territory, or insular possession of the United States." Officers of the Association |
| must be members or their duly authorized representatives (a duly authorized representative of a member "shall be some |
| person officially connected with his department, who is wholly or principally employed by said department"). |
| Article 2 of the Constitution of the Association states: |
| The object of this Association shall be to promote uniformity in legislation affecting insurance [sic] to encourage uniformity |
| in departmental rulings under the insurance laws of the several states; to disseminate information of value to insurance |
| supervisory officials in the performance of their duties; to establish ways and means of fully protecting the interests of |
| insurance policyholders of the various states, territories and insular possessions of the United States; and to preserve to |
| the several states the regulation of the business of insurance. |
| By letters dated May 23, 1955, and August 30, 1974, the Internal Revenue Service notified the Association of its |
| determination "that the Association is an instrumentality wholly owned by the States the representatives of which comprise |
| its membership." By letter dated May 1, 1969, the Social Security Administration notified the Association of its |
| determination that the Association is an "interstate instrumentality" having the status of a state for purposes of the Social |
| Security Act. By letter dated December 10, 1973, the United States Department of Labor notified the Association of its |
| determination that the Association is a state agency or instrumentality. |
| Based on the above, we have determined that the Association is a governmental agency or instrumentality within the |
| meaning of Section 4021(b)(2) and, therefore, that the Plan is not covered by Title IV. |
| I hope I have been of assistance. If you have any questions, please contact the attorney assigned to this case, * * * at |
| (202) 254-3010. |
| Henry Rose |
| General Counsel |